Posted in Personal Injury Litigation on 16 September 2015

Just because your job involves a physical element (e.g. nursing), does not mean you should be exposed to injuries. Employers must train their staff how to lift and they must minimise the risks to which their staff are exposed.

First and foremost, if you have suffered an injury, go to your doctor. You may have sustained a serious injury and by “ploughing on”, you may cause yourself more damage. Should you need to go out on sick leave, your employer does not have to pay you, unless it is provided for in a sick pay scheme.

Secondly, it is very important that you report your injury to your employer. You may then be asked to complete an Incident Report Form and you should keep a copy of this for your own records. Care needs to be taken in completion of this form and it would be prudent to contact us before completing this form.

Thirdly, you should jot down a note of what actually happened. This note should include: where the accident happened, witness to the accident and a description of how you think the injury happened.

Fourthly, you need to consider whether or not you would like to claim compensation from your employer. Just because you are injured at work does not mean you are automatically entitled to compensation. It will be necessary to show that your employer was at fault.

For an employer to be at fault he/she does not have to push an employee down a stairs. It does not have to be as blatant as that. Fault can manifest in a number of ways, for example:

(1) failure to provide a safe place of work e.g. is the floor of the work place where the accident happened safe,
(2) failure to provide safe employees e.g. employing unskilled co-workers in a skilled field,
(3) failure to provide the appropriate equipment e.g. requiring employees to lift, when a hoist should have been provided and,
(4) failure to provide staff with adequate training e.g. failing to provide manual handling training to staff.

This list is in no way exhaustive and there may be many other areas where fault can be demonstrated.

Should your employer have been at fault, then it may be that you are entitled to compensation for your injuries, out of pocket expenses and also, any loss of earnings you may have.

If you have any queries please contact us at Cantillons Solicitors at 021 – 4275673 or [email protected]

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or any award or settlement.

 


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